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<div class="moz-cite-prefix">I might sound like a kid beating on a
one-note drum here, but it is useful to remind us that ICANN is
not the first or only organization to have to deal with this
issue. History gives us excellent models of how this can be
approached with or without organizational structures. Consider
human rights and decent work, two areas that comfortably fall
under the heading of "public interest" and both integral to
humanity's "core values" Our "empirical eye" tells us that across
the globe human society falls more than a bit short in achieving
acceptable levels of performance in these two areas. We have
responded using the same idea to approach to both, but doing so in
different ways. We created the Universal Declaration of Human
Rights (UDHR) as a navigational aid (fixed star) for the pursuit
of human rights everywhere. We created UDHR without an
organization, and in our wisdom UDHR was vested with neither
judicial, legislative nor regulatory authority, which as it should
be. It is surrounded by a whole constellation of human rights
entities engaged in the pursuit of human rights in ways that feed
into appropriate regulatory, legislative and judicial venues
elsewhere. <br>
<br>
In the area of decent work, we humans created the International
Labour Organization (ILO) with a mandate to promote and pursue
"decent work". As an organization the ILO was vested with neither
judicial, legislative nor regulator authority. With its own
multistakeholder model the ILO has worked for a century using
something like a blend of ICANN's DG, WG, and PDP processes, with
results at all levels available for use by stakeholders in their
own regulatory, legislative and judicial venues elsewhere. That is
as it should be.<br>
<br>
What does this tell tell us about ICANN? It suggests several
things. First, ICANN as ICANN is but one stakeholder in the
process of defining rights and obligations within the Internet
ecosystem. It is neither the torch bearer, nor the keeper of the
flame. It is a stakeholder. Second, the embodiment of rights and
obligations, as a declaration (e.g. UDHR) or as the mandate of an
entity (e.g. WHO), has to be in universal terms, to be used as a
"fixed star" navigational beacon for all stakeholders, including
for ICANN as a stakeholder. Third, ICANN cannot wait for the
global stakeholder community to arrive at a declaration on rights
and obligations within the Internet ecosystem but it can within
its own business develop case-by-case best practice approaches to
dealing with the issues. The end result within ICANN will be a
case-based process, but it will be case-based wisdom, not
case-based law. This will also be useful for ICANN's position
around these issues in the wider Internet ecosystem DG, WG, PDP
processes, as well as useful for ICANN's stakeholder
constituencies as they address the same issues "at home" and
elsewhere. Lastly, in addition to raising awareness and
engagement, such a strategy will reduce the risk that forces will
coalesce around vesting global regulatory authority in
multilateral entities, in the UN, or in sister agencies such as
the ITU. They too are stakeholders in the process, and also not
"the" torch bearer, nor "the" keeper of the flame.<br>
<br>
Sam <br>
<br>
On 27/12/2014 10:53 AM, Milton L Mueller wrote:<br>
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<p class="MsoNormal"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D">I
totally reject that presumption.
<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D"><o:p> </o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D">All
behavior is private. Only individuals or small coordinated
groups act and behave. The public interest cannot be much
different from an aggregation of a lot of people’s private
interests. The idea that we are all devils individually but
collectively become angels is a nonsense that I thought had
died with various forms of totalitarianism.<o:p></o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D"><o:p> </o:p></span></p>
<p class="MsoNormal"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D">Again
I think it is much better to talk about these problems in
the context of rights. If a specific private actor does
something that violates one or more peoples rights then
there is a regulatory problem. <o:p></o:p></span></p>
<p class="MsoNormal"><a moz-do-not-send="true"
name="_MailEndCompose"><span
style="font-size:11.0pt;font-family:"Calibri",sans-serif;color:#1F497D"><o:p> </o:p></span></a></p>
<br>
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